Wisconsin drug testing laws

Unlike in many other states where there are laws regulating or restricting an employer’s right to submit the employee to drug testing, Wisconsin has no such law or statute which prohibits or restricts employee drug testing in the state. Although state contractors working on certain public projects are required to drug test, Wisconsin statute takes no stand on drug testing in private employment. It neither requires nor prohibits workplace drug testing, request for drug testing by the private employers is strictly at their own discretion.

However, employers in some safety-sensitive industries such as transportation, aviation, as well as those contractors working with NASA and the Department of Defense are required to submit their employees or applicants to drug testing by the federal government.

Wisconsin public employers can require that their employees submit to drug testing prior to and after being hired. Often, after hired an employee, a public work contractor can request that the employees submit to alcohol and drug testing under any of these categories:

Reasonable suspicion implies that the employer has a genuine reason, based on logic and facts, to believe that an employee has been using illicit drugs, and not just an assumption, speculation or discrimination against an employee. Reasonable suspicion varies in different circumstances. Some instances of reasonable suspicion are:

Direct observation of drug use or physical symptoms of drug use e.g. slurred speech, lack of coordination of movement etc.

Aberrant conduct

A reliable report indicating that an employee is taking drugs

A proof which shows that an employee has altered his/her drug results

Erratic conduct in workplace or notable deterioration in work performance

Evidence which shows that the employee has used, being in possession of, sold, solicited, or transferred drugs while working or at work

Although, drug test of applicants and employees are allowed by Wisconsin state laws, these tests must be in-line with the state rules against discrimination and proper handling of sample specimen to ensure accuracy of the result. Therefore, in subjecting applicants to drug and alcohol testing following conditions must be adhered to:

Applicants must be notified that drug screening forms part of the entire employment process and there must be written agreement before conducting the test.

The applicants should be submitted to drug test upon contingent offer of employment.

Drug or alcohol testing must be administered on all applicants for the same job; and

The test must be carried out by a certified state drug testing lab.

Beginning from June 2017, Wisconsin employees who test positive to drug testing or refuse to submit to drug testing may be at risk of losing his/her job. Unless an employee provides an evidence, which shows that such employee has been unfairly singled-out or discriminating upon, no employee is allow to refuse a workplace drug test otherwise, such an employee may lose his/her job and be denied of unemployment benefits.

Overview of pre-employment drug testing program

Any applicant who test positive to drug testing or refuse to submit to drug testing required by the employer as a condition of the offer of employment may be reported. The refusal to submit to a pre-employment drug testing by the applicant can be assume to be the applicant refusal of suitable work.

A claimant who fails a pre-employment drug test (without being under a legitimate prescription) and has no genuine explanation to contest the result will be offered the option of attending treatment and complete a skills assessment before Unemployment Insurance benefits are denied.

After agree to undergo drug treatment and complete a skills assessment within the required timeframes, a claimant may continue to receive the Unemployment Insurance benefits, while addressing the basic barriers keeping him from being work-ready. The Unemployment Insurance will provide the claimant with referrals and instruction in order to complete the assessment and have direct access to treatment.

Refusal of the claimant to undergo treatment will lead to denial of such claimant of Unemployment Insurance benefits.

Submission of a failed or refused pre-employment drug testing form

A failed drug test form should be submitted within 3 working days of receiving the positive result from a DHHS certified lab.

A refused drug test form should be submitted within 3 working days of the applicant refusal. Both forms can be submitted by mail to Department of Workforce Development Unemployment Insurance within the stipulated time.

Drug-free workplace policy program

In order to have a drug-free workplace program implemented, the following guidelines must be taken note of:

The employer must have a clearly written drug test policy form and must be made available to all employees

The employer must obtain a written agreement from a state-accredited drug testing lab indicating their readiness to conduct the tests, provide the employer copies of the test results, indicating which type of tests were done, what substances were found, details description of how the sample specimen were handle during the entire testing process, and provide a confirmation of all initial positive test results.

The employer shall be responsible for the cost associated with drug testing of the employees.

Workers’ compensation benefits

An employee whose action as a result alcohol intoxication or use of illicit drugs leads to work-related injuries may have his/her worker’s compensation benefits reduced by 15% up to a maximum value of $15,000.

Wisconsin medical marijuana

Wisconsin has no law legalizing medical use of marijuana in the state. However, the state has a medical CBD law. This law permits patients with seizure disorder to use or possess cannabidiol or CBD, the law is only applicable only if the patient has been recommended by the physician to use CBD and under the limitation that the strain used contains no psychoactive side effects.

Wisconsin recreational marijuana law

Recreational marijuana is illegal in Wisconsin. Possession and sale of marijuana in Wisconsin is a felony punishable under law with at least 3 years and 5 months jail time.

Do you need a drug test conducted at a certain date and time? Call us at and we will dispatch a mobile collection specialist to administer your drug tests at any location, 24 hours a day, 7 days a week.

Are you looking for more information about drug testing, a drug free workplace program, or compliance? Call us at and we'll be happy to answer any questions you may have and tailor a program to your specific needs.